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(f) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal;
(g) lighting;
(h) water supply;
(i) the preservation of objects of historical or national interest or natural beauty and of buildings actually used for religious purposes;
(j) the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the number, size, height and character of buildings allowed in specified areas, the purposes to which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs;
(m) provision for controlling and regulating the use and development of land within the development area, including imposition of conditions and restrictions in regard to the open space to be maintained for buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of built up area allowed in specified area, the use and purposes to which a building or specified areas of land may or may not be appropriated, the sub-divisions of plots, the discontinuance of objectionable uses of land in any area in any specified periods, parking spaces, loading and unloading space for any building and the sizes of projections and advertisement signs and hoarding and other matters as may be considered necessary for carrying out the objects of this Act;

23. It is required to be noted that section-12 of the Development Act refers to contents of draft development plan and section-13 refers to publication of draft development plan. Section-12(m) refers to the use and purpose to which a building or specified areas of land may or may not be appropriated, the sub divisions of plots, discontinuance of objectionable uses of land in any area in any specified periods, parking spaces, loading and unloading space for any building and the sizes of projections and advertisements signs and hoarding and other matters as may be considered necessary for carrying out the object of the Acts. Sub.clause (c) of sub.section-2 of section-13 refers to the draft regulations for enforcing the provisions of the draft development plan. After a draft development plan is prepared and submitted to the State Government under section-9, it is to be published in the Official Gazette and in such other manner as prescribed along with a notice in the prescribed manner, inviting suggestions or objections from any person with respect to the development plan within a period of 2 months from the date of its publication. Thus, the draft development plan was published and if any person had an objection with regard to the scheme or part of the scheme, such person was entitled to raise an objection within the time specified after draft development plan was published and objections or suggestion thereof, if any received, then, in accordance with section-16, the same is to be submitted to the Government for sanction. Section-17 empowers the State Government to sanction draft development plan. Thus, we are concerned with the development scheme. It had become final. It has received the sanction or assent of the Government and it became part and parcel of the Act itself. As pointed out earlier under the Old Town Planning Act, similar scheme became part of the Act.

The Court further pointed out in para-4 that in dealing with the challenge to the vires of any statute on the ground of excessive delegation, it is, therefore, necessary to enquire whether the impugned delegation involves the delegation of essential legislative function or power and whether the legislature has enunciated its policy and principle and given guidance to the delegatee or not.

Section-12 of the Development Act refers to contents of draft development plan. While preparing the draft development plan, the policy indicated in section-12 is required to be kept in mind by the rule makers. It refers to regulation in the manner in which there shall be development. It further mandates that, so far as may be necessary, proposals for designating the use of the land for residential, industrial, commercial, agricultural and recreational purposes shall be demarcated. Sub-clause (m) of section-12 specifically refers to controlling and regulating use and development of land within the development area. Thus, there is power for controlling as well as regulating use and development of land. It may impose conditions and restrictions in regard to the open space to be maintained for buildings, the percentage of building area for a plot, the location, the number, size, height, number of storeys and character of buildings and density of built up area allowed in specified area, the use and purpose to which a building or specified areas of land may or may not be appropriated. It also refers to the sub-divisions of plots, discontinuance of objectionable uses of land in any area in any specified periods, parking spaces, loading and unloading space for any building and sizes of projections and advertisement signs and hoarding and it further states that and other matters as may be considered necessary for carrying out the objects of this Act.